Holiday Display Struck Down by Court

Dec 9, 1997

Jersey City Mayor Bret Schundler announced today that he will appeal a federal court ruling last week barring the City's display of a menorah and creche accompanied by secular seasonal symbols in the plaza in front of City Hall.  He also announced a rally on December 17 at noon in front of City Hall, at which he will unveil a sign explaining why the holiday display is missing this year.

The Federal District Court in Newark had upheld the display in December 1995 against a challenge brought by the ACLU.  However, the Third Circuit Court of Appeals ruled in January that the Court had used an incorrect standard in analyzing the display and remanded the case.  On remand, the District Court ruled in favor of the ACLU and entered an injunction permanently barring display of the creche and menorah or any substantially similar display.

The City, represented by The Becket Fund, has contended throughout the lawsuit that the display should be viewed in the context of the City's many cultural displays and events throughout the year, which include a Hindu parade, Buddha Enlightenment Day, Ramadan Observance Month, art and cultural festivals, and flag raisings at City Hall.  All displays, including the creche and menorah display, are accompanied by a sign stating "through this display and others throughout the year, the City of Jersey City is pleased to celebrate the diverse cultural and ethnic heritages of its peoples."

"The Supreme Court has held that cities may celebrate Christmas and Hanukkah with holiday displays, and has specifically noted that they may include creches and menorahs that depict the ‘historic religious origins' of these holidays," Becket Fund Litigation Director Eric Treene said.   He added "The ACLU and the Court have told Jersey City, a City that has consistently strived to be inclusive in its cultural offerings, that there is no room for religion at the cultural table."

The Becket Fund is a bi-partisan and ecumenical public-interest law firm that protects the free expression of all religious traditions.